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ELRCPartially AllowedEmployment and Labour Relations Claim (Amended Statement of Claim dated 15th December 2024)

Mukora v National Industrial Training Authority & another (Cause 32 of 2019) [2025] KEELRC 2007 (KLR)

Employment and Labour Relations Court
19 June 2025
7,453 words in judgment
View original judgmentRead on Kenya Law Watch case
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·~30 min to read original · ~4 min brief

The bottom line

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A Kenyan court awarded a dismissed employee over Kshs 2 million because her disciplinary hearing lacked quorum and included her accuser.

What this practically means

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Executive summary

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The claimant, a Chief Industrial Training Officer seconded to the National Industrial Training Authority (NITA), was dismissed on 1st February 2016 for desertion of duty following a disciplinary process stemming from warnings over absenteeism, abusive language and insubordination in mid-2015. She pursued internal appeals, a complaint to the Commission on Administrative Justice, and an appeal to the Public Service Commission, which was disallowed on 26th August 2020. She then sued for Kshs 23,068,881/- or reinstatement, alleging underpayment after conversion to a state corporation, a flawed and quorum-deficient disciplinary hearing, a doctored record, and denial of a hearing before the correct forum. The 1st respondent maintained the dismissal was substantively and procedurally fair; the 2nd respondent maintained its appeal determination was lawful. The court framed two issues: whether the termination was fair and just, and entitlement to remedies. It found the disciplinary committee of 12th January 2016 lacked quorum, with only three of six appointed members attending, and that the claimant's accuser, the Centre Manager, sat on the committee, breaching her right to a fair determination. Relying on Section 45(2) of the Employment Act and Section 7(2) of the Fair Administrative Action Act, it held the dismissal unfair and unjustified, and that the claimant was denied an opportunity to present her case to the correct forum on appeal. The court awarded one month's salary in lieu of notice, 12 months' compensation, unremitted pension contributions of Kshs 29,845/-, a certificate of service, and costs against the 1st respondent. Claims for underpayment (time-barred under Section 90 of the Employment Act), salary until retirement, and reinstatement (abandoned) were refused. The claim partially succeeded.

Questions the Court framed

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The issues the Court set itself to decide, in its own words.

  1. 1.Whether the claimant was fairly and justly terminated.
  2. 2.Whether the claimant is entitled to the remedies sought.

Key legal issues

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01

Whether the claimant was fairly and justly terminated

Holding

The dismissal was unfair and unjustified because the disciplinary committee lacked quorum and included the claimant's accuser, denying her a fair hearing

Reasoning

The court found that of the six members appointed by the Director General only three attended the hearing of 12 January 2016, two sent apologies, and the Centre Manager E.M. Kirindi, who was the claimant's accuser, sat on the committee. The court held the quorum objection valid and applied Section 7(2) of the Fair Administrative Action Act on abuse of power, concluding the flawed process rendered the dismissal unfair under Section 45(2) of the Employment Act.

p. 13
02

Whether the claimant was denied an opportunity to present her case to the correct forum on appeal

Holding

The claimant was denied an opportunity to present her case to the correct forum and her appeal grounds were not considered

Reasoning

The appeals committee comprised officers junior to members of the disciplinary committee and the claimant; the Ombudsman's inquiry and the PSC appeal did not consider her grounds. The court found the internal appeal structures flawed, compounding the unfairness of the original dismissal.

p. 14
03

Whether the claimant is entitled to the remedies sought

Holding

Awarded one month's notice pay, 12 months' compensation, unremitted pension contributions and a certificate of service; underpayment and salary-until-retirement claims failed

Reasoning

Having found unfair and unjustified dismissal, the court applied Sections 49 and 51 of the Employment Act framework, awarding notice pay and maximum 12 months' compensation given the claimant's age and difficulty of securing new employment. The underpayment claim was time-barred under Section 90 of the Employment Act and the claim for salary until retirement was not granted.

p. 14

Legal principles established

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  • Subjecting an employee to a disciplinary committee lacking quorum and containing her accuser renders the process unfair and the resulting dismissal unjustified under Section 45 of the Employment Act
  • A termination is unfair where the employer fails to prove a valid and fair reason and fair procedure, as provided by Section 45(2) of the Employment Act

Court orders

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  1. 1.1 month salary in lieu of notice of Kshs 154,596/-
  2. 2.Compensation for unlawful dismissal of 12 months' salary (Kshs 154,596 x 12 = Kshs 1,855,152/-)
  3. 3.Unremitted pension contributions of Kshs 29,845/-
  4. 4.Total award of Kshs 2,039,593/- less statutory deductions
  5. 5.Issuance of a certificate of service to the claimant
  6. 6.1st respondent to pay costs of the suit plus interest at court rates from the date of judgment

The bench

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One judgment of the whole court — no separate or dissenting opinions.

majority

Wrote the judgment

Jurisdiction invoked
Original employment and labour relations jurisdiction (Employment and Labour Relations Court); Employment Act, Fair Administrative Action Act and PSC Act invoked

Relief refused

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Kshs 23,068,881/- claimed, including underpayment of salary and allowances and salary until retirement

Underpayment claim caught by limitation under Section 90 of the Employment Act and claim for future earnings until retirement not granted; compensation limited to statutory remedies

p. 10

Reinstatement as Chief Industrial Training Officer without loss of benefits

Claimant abandoned the prayer for reinstatement

p. 8

Costs

The 1st respondent will pay costs of this suit plus interest at court rates with effect from the date of this judgment.

Quotable passages

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Verbatim from the judgment, each located to the page it appears on in the official PDF — so these can be cited and checked directly.

The objection by the claimant on lack of quorum was therefore a valid concern. The claimant could not have expected a fair determination against her in view of her accuser being a member of the disciplinary committee.
p. 13fair hearing / bias in disciplinary committee
Given that the claimant was subjected to a flawed disciplinary process, I find the dismissal unfair and unjustified.
p. 14unfair termination
It is my finding that the claimant was denied an opportunity to present her case to the correct forum and also issues raised in her appeals were not considered.
p. 14appeals process failure
1. 1 month salary in lieu of notice = 154,596/- 2. Compensation for unlawful dismissal and based on the process which would not allow the claimant recover and gain another job at her age, I find 12 months' salary as adequate.= 154,596 x 12 =kshs 1,855,152/-
p. 14final orders / remedies
The 1st respondent will pay costs of this suit plus interest at court rates with effect from the date of this judgement.
p. 14costs

Issues in the judgment

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minor

The judgment alternates between referring to the claimant's gender, e.g. 'she' and 'his' for the PSC letter, and misdates documents inconsistently (e.g. hearing adjourned to '12/1/2015', letter '28th August 2016' versus '28th August 2015')

minor

The 1st respondent's submissions state the claimant 'confirmed that she deserted from duty from 28th July 2015' while other parts of the record refer to desertion from 28th August 2015

Key timeline

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Practical implications

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Frequently asked questions

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Cite this brief

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Cite this brief

Caselaw, "Mukora v National Industrial Training Authority & another (Cause 32 of 2019) [2025] KEELRC 2007 (KLR)", Case Analysis (2025). Employment and Labour Relations Claim (Amended Statement of Claim dated 15th December 2024). Source: https://new.kenyalaw.org/akn/ke/judgment/keelrc/2025/2007/eng@2025-06-19

Suggested citation format for research notes or client memos. Always verify the original judgment before relying on any point.